MONITORING MECHANISM FOR STRENGTHENING JUVENILE JUSTICE SYSTEM IN INDIA
Legal Assistance Forum (LAF) is an association of lawyers, academicians, journalists, students and other responsible citizens concerned about the development of the legal system for extending better services to the poor, marginalized and underprivileged sections of the society.
LAF in association with Unicef has taken out a Working Manual for various stake holders under Juvenile Justice System, namely, Police, Probation Officer, Juvenile Justice Board, Observation Homes, State Government, NGOs, Legal Service Authorities and Advocates after extensive search and survey of the working of the system in different parts of the country. The manual was released on 26th November, 2009 in the Supreme Court premises by the Hon'ble Union Law Minister Dr. M. Veerappa Moily and in the presence of Hon'ble Chief Justice of India, Mr. Justice K.G.Balakrishnan; Attorney General for India, Mr. Goolam E Vahanwati and President, Supreme Court Bar Association, Mr. M.N.Krishnamani.
The interventions in the Juvenile Justice system has gained momentum within the country, especially because of the amendments to the Juvenile Justice (Care and Protection of Children) Act 2000 being passed by the Parliament in 2006. Legal Assistance Forum, has collaborated with Unicef to develop a monitoring and reporting mechanism for the various stakeholders involved in the juvenile justice system. It would be an in-house mechanism that may be adopted by the High Court to effectively monitor the functioning of Juvenile Justice Board and by the State Government to monitor the functioning of Police, Probation Officer and Officials of Observation Homes in dealing with the Juveniles. Under the monitoring mechanism, the stake holders working at the grass root level would be required to submit periodical reports to the higher authorities. The authorities would review the working at periodical intervals and take the corrective measures wherever required so as to make the system working in the best interest of the child.
The salient features of the project are as hereunder:
- Research and compilation of existing Monitoring Mechanism in different countries ? The first step would be to make a study of monitoring mechanism existing in different countries and make critical analysis of such mechanism. The study would also include international standard laid down for the purpose and adopted particularly in countries with large population and extent of their success. It will help in preparing the data format so as to achieve the desired result.
- Formulation of a draft data format: Based on the study and research, a draft data format will be prepared by involving the various stake holders including Government agencies and judiciary working for the Juvenile Justice System. A draft monitoring mechanism shall be prepared.
- Organise discussion on importance of Monitoring Mechanism in Delhi: LAF would organize a national level discussion on the importance of the monitoring mechanism for juvenile justice system by inviting judges from higher judiciary, members of National and State Commission for Protection of Child Rights, members from National Human Rights Commission, representatives of the Central Government particularly NIPCCD, officials of State Government, Police Officers, Probation Officers and other stake holders.
- Personal Meetings: Personal meetings with Chief Justice and Judges of High Court and Officials of State Governments of the piloted States will be made to convince them about the need of the monitoring mechanism and reporting system by the Juvenile Justice Boards.
- Multi Media presentation of the draft Monitoring Mechanism:- Presentation of the draft data format and monitoring mechanism shall be made to the higher judiciary and State Governments in the two identified States so as to inform them about the benefit of such mechanism in the dispensation of justice to the juvenile.
- Finalization and implementation of the monitoring mechanism: After the monitoring mechanism is finalized on the basis of the research, interaction and discussion, LAF would make all attempts to get the same implemented in these two piloted States. Once they are successfully implemented in the two States, further endeavour of the LAF would be to extent the same throughout the country.
It?s a humble and genuine attempt by LAF to uphold juvenile's right to dignity and worth throughout the entire process of dealing with the child from the first contact with law enforcing agencies to the implementation of all repatriation and restoration measures of the juvenile.
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